BILL NUMBER: SB 570 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 2, 1999
AMENDED IN SENATE APRIL 27, 1999
AMENDED IN SENATE APRIL 12, 1999
INTRODUCED BY Senator Alarcon
(Principal coauthor: Senator O'Connell)
FEBRUARY 23, 1999
An act to amend Sections 48110 and 48111 of, and to add Article 6
(commencing with Section 49370) to Chapter 8 of Part 27 of Division 4
of Title 2 of, the Education Code, and to add Section 422.5
to the Penal Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 570, as amended, Alarcon. School personnel: disruptions or
threats: mandatory reporting of missing children.
(1) Existing law provides that any minor over 16 years of age or
any adult, not a pupil at a school, who comes upon any school ground
and interferes with any school activity, as specified, is guilty of a
misdemeanor punishable by a fine of not less than $100, or more than
$1,000, or imprisonment in a county jail not to exceed 6 months, or
by both the fine and imprisonment. Existing law also provides that
any parent, guardian, or other person whose conduct in a place where
a school employee is required to be in the course of his or her
duties, disrupts classwork or extracurricular activities, as
specified, is guilty of a misdemeanor punishable by a fine not
exceeding $100, or imprisonment in a county jail not exceeding 10
days, or by both imprisonment and the fine.
This bill would provide that for either of the above-described
misdemeanors, the offense would be punishable by a fine of not less
than $500, nor more than $1,000, or by imprisonment in a county jail
not exceeding one year, or by both imprisonment and the fine. The
bill would also provide for certain minimum periods of imprisonment
in a county jail for subsequent commissions of the above-described
offenses, as specified. The bill would also provide that upon a
showing of good cause, the court may grant probation, or suspension
of the execution or imposition of the sentence, with regard to
subsequent commissions of the above-described crimes. By changing
the definition of a crime, this bill would impose a state-mandated
local program.
(2) Existing law requires the reporting by certain persons of
known or suspected instances of child abuse to a child protective
agency, as specified.
This bill would declare the intent of the Legislature regarding
the reporting by, school personnel, to a law enforcement agency of
missing children as specified.
(3) Existing law relating to terrorist threats makes it a
misdemeanor or a felony for any person to willfully threaten to
commit a crime which will result in death or great bodily injury to
another person, with the specific intent that the statement, made
verbally, in writing, or by means of an electronic communication
device, is to be taken as a threat, even if there is no intent of
actually carrying it out, which, on its face and under the
circumstances in which it is made, is so unequivocal, unconditional,
immediate, and specific as to convey to the person threatened, a
gravity of purpose and an immediate prospect of execution of the
threat, and thereby causes that person reasonably to be in sustained
fear for his or her own safety or for his or her immediate family's
safety.
This bill would provide that whenever the offense described above
is committed against a principal, teacher, school board member, or
other school personnel, there shall be an additional punishment of
one, 2, or 3 years in the state prison, or a fine not to exceed
$5,000, or both that punishment and fine. By creating a new
enhancement, this bill would impose a state-mandated local program.
(4) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44810 of the Education Code is amended to read:
44810. (a) Every minor over 16 years of age or adult who is not a
pupil of the school, including but not limited to any such minor or
adult who is the parent or guardian of a pupil of the school, who
comes upon any school ground or into any schoolhouse and there
willfully interferes with the discipline, good order, lawful conduct,
or administration of any school class or activity of the school,
with the intent to disrupt, obstruct, or to inflict damage to
property or bodily injury upon any person, is guilty of a
misdemeanor.
(b) A violation of subdivision (a) shall be punished as follows:
(1) Upon the first conviction, by a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000), or by imprisonment in a county jail for not more than one
year, or by both the fine and imprisonment.
(2) Upon a second conviction, by imprisonment in a county jail for
a period of not less than 10 days, and not more than one year, or by
both imprisonment and a fine not exceeding one thousand dollars
($1,000). The defendant shall not be released on probation, or for
any other basis until he or she has served not less than 10 days in a
county jail.
(3) Upon a third or subsequent conviction, by imprisonment in a
county jail for a period of not less than 90 days, and not more than
one year, or by both imprisonment and a fine not exceeding one
thousand dollars ($1,000). The defendant shall not be released on
probation, or for any other basis until he or she has served not less
than 90 days in a county jail.
(4) Upon a showing of good cause, the court may find that for any
mandatory minimum imprisonment specified by paragraph (2) or (3) of
this subdivision, the imprisonment shall not be imposed, and the
court may grant probation, or the suspension of the execution or
imposition of the sentence.
SEC. 2. Section 44811 of the Education Code is amended to read:
44811. (a) Any parent, guardian, or other person whose conduct in
a place where a school employee is required to be in the course of
his or her duties materially disrupts classwork or extracurricular
activities or involves substantial disorder is guilty of a
misdemeanor.
(b) A violation of subdivision (a) shall be punished as follows:
(1) Upon the first conviction, by a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000), or by imprisonment in a county jail for not more than one
year, or by both the fine and imprisonment.
(2) Upon a second conviction, by imprisonment in a county jail for
a period of not less than 10 days, and not more than one year, or by
both imprisonment and a fine not exceeding one thousand dollars
($1,000). The defendant shall not be released on probation, or for
any other basis until he or she has served not less than 10 days in a
county jail.
(3) Upon a third or subsequent conviction, by imprisonment in a
county jail for a period of not less than 90 days, and not more than
one year, or by both imprisonment and a fine not exceeding one
thousand dollars ($1,000). The defendant shall not be released on
probation, or for any other basis until he or she has served not less
than 90 days in a county jail.
(4) Upon a showing of good cause, the court may find that for any
mandatory minimum imprisonment specified by paragraph (2) or (3) of
this subdivision, the imprisonment shall not be imposed, and the
court may grant probation, or the suspension of the execution or
imposition of the sentence.
(c) This section shall not apply to any otherwise lawful employee
concerted activity, including, but not limited to, picketing and the
distribution of handbills.
SEC. 3. Article 6 (commencing with Section 49370) is added to
Chapter 8 of Part 27 of Division 4 of Title 2 of the Education Code,
to read:
Article 6. Reporting of Missing Children
49370. The Legislature hereby declares its intent in enacting
this article to require that specified persons, including school
teachers, school administrators, school aides, school playground
workers, and school bus drivers, report missing children to a law
enforcement agency in a timely manner, in order to provide those
children a necessary level of protection when they are at serious
risk.
SEC. 4. Section 422.5 is added to the Penal Code, to read:
422.5. Whenever an offense described in Section 422 is committed
against a principal, teacher, school board member, or other school
personnel, there shall be an additional punishment of one, two, or
three years imprisonment in the state prison, or a fine not to exceed
five thousand dollars ($5,000), or both the imprisonment and fine.
SEC. 5.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.